CONCEPT, MEANING, TYPES AND STAGES OF QUALIFICATION OF CRIMES

Abstract

The article systematically analyses the doctrinal development of the concept of the qualification of crimes, its dual substantive and procedural nature, its types and its stages. The line of definitions initiated by A.A.Gertsenzon is traced through the works of V.N.Kudryavtsev, N.F.Kuznetsova, L.D.Gaukhman, T.G.Chernenko and V.V.Marchuk, and the logical-identificatory and interpretive dimensions of qualification are distinguished. A comparison of the Uzbek and Russian texts of the Criminal Procedure Code shows that the single concept of "qualification" is rendered in Uzbek by the forms "tavsif", "yuridik tavsif" and "malakalash"; together with the absence of a legal definition, this generates theoretical and practical uncertainty. The narrow and broad meanings of qualification are distinguished and the three mandatory elements of the qualification formula are identified. The place of national doctrine is established through comparison with the German doctrine of Tatbestand, Anglo-American offence analysis and the Chinese "four elements versus three tiers" debate. Drawing on an empirical base, the author shows that qualification error is a systemic phenomenon and proposes a classification of "excessive" and "insufficient" qualification. Contemporary tests of algorithmic qualification support the conclusion that high model accuracy must not be equated with correct qualification. In conclusion, proposals are advanced for introducing a normative definition of qualification into the Criminal Code and for securing terminological uniformity.